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News (Media Awareness Project) - CN BC: Judge Shortage Thwarts Creston Convictions
Title:CN BC: Judge Shortage Thwarts Creston Convictions
Published On:2011-12-29
Source:Creston Valley Advance (CN BC)
Fetched On:2012-01-02 06:01:03
JUDGE SHORTAGE THWARTS CRESTON CONVICTIONS

Creston RCMP are frustrated that criminal charges are being dismissed
because of a shortage of provincial court judges.

"Everyone - police, Crown council and the judges we do have - works
hard to make our justice system responsive to the community," said
Cpl. Monte Taylor. "But we are all frustrated when cases are thrown
out because of court delays that result from the shortage of judges."

A recent example, he said, came in mid-November when a judge threw
out charges arising from an indoor marijuana grow-op bust, citing
"unreasonable delay".

The case stems back to August 2009, when Creston police discovered
the grow-op when a 911 call was accidentally made from a home in the
500 block of 14th Avenue South. The ensuing investigation led to the
discovery of 89 marijuana plants and a small quantity of dried
marijuana. Two adults, a 67-year-old female and a 53-year-old male,
were subsequently charged with production of a controlled substance
for the purpose of trafficking.

The two arrived in November for an 11th court appearance, most of
which were rescheduled because of a lack of court time due to the
unavailability of judges.

Defence lawyers are using the judicial shortage to their advantage
now, Taylor said, seeking out reasons to delay proceedings in the
hope that the lack of court time will eventually lead to the
dismissal of charges.
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